OMO, J.S.C. (Delivering the Leading Judgment): This is an appeal by the plaintiff/appellant against the decision of the Court of Appeal (Kaduna Division) which allowed the defendant/respondent's appeal against the ruling of the Kwara High Court in the plaintiff/appellant's favour.
The plaintiff/appellant instituted an action (KWS/70/1983) in which it claimed against the defendant/respondent.
"(i) an order of possession wherein the defendant is to vacate the plaintiff's adjudged land and to remove his structure thereon, and
(ii) (for) an order of account to be taken and payment of the sum due in respect of the structure on the plaintiff's adjudged land."
After pleadings had been filed and exchanged, the defendant/respondent filed an application in the trial High Court for an order to dismiss the plaintiff/appellant's action on the grounds: (a) that it is caught by the doctrine of res judicata, to wit; that the issue(s) sought to be decided had been canvassed and decided upon in a previ…